Statutory Rules of Northern Ireland

2023 No. 184

Social Security

The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

Made

27th October 2023

Coming into operation

28th October 2023

The Department for Communities(1) makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 122(1)(a) and (d), 129A(2), 131(1), 132(3) and (4), 132A(3), 133(2)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2), Articles 6(5), 14(1) and (4) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995(3), and now vested in it(4), sections 1(5)(a), 15(3) and (6) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002(5), section 17(1) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 2007(6) and Articles 9(5)(a), 48(1) and (2), 82(3), 97(1), 99(1)(a) of, and paragraphs 4(1) and (3) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015(7).

Regulations 2(2)(d) and (e), 6 and 7 are made with the consent of the Department of Finance(8).

(1)

See section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(2)

1992 c. 7; section 64(1) was amended by paragraph 38 of Schedule 1 to the Pensions Act (Northern Ireland) 2008 (c. 1) and paragraph 4(2) of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)); section 122(1) was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21); section 129A was inserted by section 36(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2); section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14)

(3)

S.I. 1995/2705 (N.I. 15)

(4)

See Article 8(b) of S.R. 1999 No. 481

(5)

2002 c. 14 (N.I.)

(6)

2007 c. 2 (N.I.)

(7)

S.I. 2015/2006 (N.I. 1)

(8)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481 and section 1(4) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))